People v. Brummett CA3

FACTS AND PROCEEDINGS

In light of the limited issues raised by this appeal, we recount only the facts related to counts 7 and 8. Defendant went to the victim’s residence, where he argued with her, hit the side of her face with his hand, grabbed her by the arm, pulled her to the ground, and straddled her. He then pressed the muzzle of a loaded handgun tight and hard to her hairline. He held the gun on her as he hit the side of her face. This continued for about two hours during which he hit her at least 20 times. Defendant told the victim more than once, but less than five times: “If you go to the cops, I will kill you. They can’t hold me forever.” She was afraid, thought he was serious, and believed he could kill her. As a result, she did not report the incident to the police. A jury found defendant guilty of corporal injury with a prior corporal injury conviction (§ 273.5, subds. (a), (f); counts 1, 4, 10, 11, and 17), assault with force likely to cause great bodily injury (§ 245, subd. (a)(4); counts 2 and 12), battery causing serious bodily injury (§ 243, subd. (d); count 3), assault with a semi-automatic firearm (§ 245,

2 subd. (b); count 5), false imprisonment by violence…